Yes. The Local Government Code imposes upon respondent the duty, as city
mayor, to "enforce all laws and ordinances relative to the governance of the
city." One of these is Ordinance No. 8027. As the chief executive of the city, Mayor
Jose L. Atienza, Jr. has the duty to enforce Ordinance No. 8027 as long as it has not
been repealed by the Sanggunian or annulled by the courts. He has no other choice
because it is his ministerial duty to do so.
The Supreme Court stated the reasons therefor in the case of Dimaporo v.
Mitra, Jr., where it was held that these officers cannot refuse to perform their duty
on the ground of an alleged invalidity of the statute imposing the duty. The reason
for this is obvious. It might seriously hinder the transaction of public business if
these officers were to be permitted in all cases to question the constitutionality of
statutes and ordinances imposing duties upon them and which have not judicially
been declared unconstitutional. Officers of the government from the highest to the
lowest are creatures of the law and are bound to obey it.